Pandiarajan v. The District Collector / Inspector Of Panchayat Union

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN and WMP(MD)No.16088 of 2023 Pandiarajan ... Petitioner v.

1.The District Collector, Inspector of Panchayat Union, Sivagangai, Sivagangai District.

2.The Block Development Officer, Sakottai Panchayat, Sivagangai District.

3.The Executive Officer, Sankarapuram Panchayat Union, Sivagangai District.

4.The President,Sankarapuam Panchayat Union, Sivagangai District.

5.Devi Mangudi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records relating to the impugned proceedings dated 04.08.2023 served on the petitioner in 07.08.2023 of the first respondent in Na.Ka.A2/381/2023 and quash the same. 1/4

For Petitioner : Mr.Sricharan Rangarajan, Senior Counsel for Mr.J.Anandkumar For Respondents : Mr.Veera Kathiravan, Additional Advocate General assisted by Mr.S.Ra.Ramachandran, Additional Government Pleader for R1 to R3 Mr.M.Saravanan for R4 and R5

ORDER

Heard both sides.

2.By the impugned proceedings dated 04.08.2023, the Inspector of Panchayats has taken away the cheque signing power from the petitioner. The petitioner was elected as Vice President of Sankarapuram Panchayat Union. The stand taken in the writ petition is that no notice was issued by the District Collector before passing the impugned order. In other words, the contention is that the procedure laid down in the decision reported in 2005 (1) CTC 545 (Pugazhendran President, Brammapuram Village Panchayat and Ors. Vs. B.G. Balu and Ors) was not complied with.

3.On this sole ground, the order impugned in this writ petition is set aside. The matter is remitted to the file of the first respondent to pass orders 2/4

afresh on merits and in accordance with law. The learned Additional Advocate General submits that the entire issue appears to have become infructuous on account of the subsequent developments. It is stated by him that Special Officer has been appointed for the Panchayat in question. This submission is placed on record.

4.This writ petition is allowed. No costs. Connected miscellaneous petition is closed.

20.10.2023 Index : Yes / No Internet : Yes / No Skm To 1.The District Collector, Inspector of Panchayat Union, Sivagangai, Sivagangai District.

2.The Block Development Officer, Sakottai Panchayat, Sivagangai District.

3.The Executive Officer, Sankarapuram Panchayat Union, Sivagangai District.

4.The President,Sankarapuam Panchayat Union, Sivagangai District.

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G.R.SWAMINATHAN, J.

SKM and WMP(MD)No.16088 of 2023 20.10.2023 4/4